1. The defendant is based on the transfer on February 25, 2004 on the motor vehicles listed in the separate sheet from the plaintiff.

1. The Plaintiff, around October 19, 2001, registered as the owner of the instant automobile since the completion of the new registration of ownership in the name of the automobile listed in the separate sheet (hereinafter “instant automobile”).

In around 2002, the Plaintiff borrowed KRW 5 million from a person who was unaware of his name as security, and was in arrears with interest in 2003, the Plaintiff delivered the instant automobile at the request of the creditors due to the above name failure and issued the documents necessary for the registration of transfer of ownership.

The Defendant concluded the automobile insurance contract between Hyundai Marine Fire Insurance Co., Ltd. and Hyundai Marine Fire Insurance Co., Ltd. by setting the insurance period from February 25, 2004 to February 25, 2005 as the Plaintiff, respectively.

[Ground of recognition] The entry of Gap evidence Nos. 1 and 2, the fact-finding with respect to the agency of the window at the window headquarters of this court, and the purport of the whole pleadings

2. Determination

(a) A person who takes over an automobile registered as to a request for the registration of transfer of ownership shall file an application for the registration of transfer of ownership with the Mayor/Do governor, and where the transferee of an automobile fails to file an application for the registration of transfer of ownership, the transferor (referring to the owner recorded in the register as at the time of applying for the registration

(1) According to Article 12(1) and (4) of the Automobile Management Act, it is reasonable to deem that the Defendant acquired the instant automobile from the Plaintiff via the above person without the name of the Plaintiff. As such, the Plaintiff recorded in the original register as the owner may file an application for registration of transfer of ownership on the instant automobile instead of the Defendant, the transferee.

Therefore, the defendant is obligated to take over the transfer registration procedure for the instant automobile from the plaintiff on or around February 25, 2004.

On the other hand, the defendant only paid the premium on behalf of the principal upon the request of the branch.